Arbitration Act (Cap. 387), article 83

83. Unless the parties to an arbitration agreement have otherwise agreed in writing, articles 63 and 64 shall apply to any domest ic arbitration carried out under Part IV and to any international arbitration where, in accordance with article 60, the said Part IV shall apply. 36 CAP. 387.] ARBITRATION ARBITRATION [CAP. 387. 37 UNITED NATIONS COMMISSION ON INTERNATIONAL TRADE LAW: MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION * (ADOPTED, JUNE 21, 1985) UNCITRAL Model Law on International Commercial Arbitration (as adopted by the United Nations Commission on International Tr ade Law on 21 June 1985 ) CHAPTER I. GENERAL PROVISIONS Article 1. Scope of application † (1) This law applies to international commercial ‡ arbitration, subject to any agreement in force between this State and any other State or St ates. (2) The provisions of this law, except articles 8, 9, 35 and 36, apply only if the place of arbitration is in the territory of this State. (3) An arbitration is international if: (a) the parties to an arbitration agreement have, at the time of t he conclusion of that agreement, their places of business in diffe rent States; or (b) one of the following places is situated outside the State in w hich the parties have their places of business: (i) the place of arbitration if determined in, or pursuant to, t he arbitration agreement; (ii) any place where a substantial part of the obligations of th e commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connect ed; or (c) the parties have expressly agreed that the subject-matter of t he arbitration agreement relates to more than one country. (4) For the purposes of paragraph (3); (a) if a party has more than one place of business, the place of b usiness is that which has the closest relationship to the arbitration agre ement; (b) if a party does not have a place of business, reference is to be made to his habitual residence. Amended by: XVIII. 1999.30. FIRST SCHEDULE *Reproduced from the Report from the United Nations Commission on International Trade Law on the work of the eighteenth session (June 3-21, 1985), U.N. General Assem bly Official Records Fortieth Session, Supplement No. 17 (A/4O/17), Annex I, pp. 81-93. †Article Headings are for the reference purposes only and are n ot to be used for purposes of interpretation. ‡ The term "commercial" should be given a wide interpretation s o as to cover matters arising from all relationships of a commercial nature, whether contractual or no t. Relationships of a commercial nature include, but are not limited to, the following transactions: an y trade transaction for the supply or exchange of goods or services; distribution agreement; commercial represent ation or agency; factoring; leasing; construction of works; consulting; engineering; licensing; inve stments; financing; banking; insurance; exploitation agreement or concession; joint venture and other f orms of industrial or business co-operation; carriage of goods or passengers by air, sea, rail or road. 38 CAP. 387.] ARBITRATION (5) This Law shall not effect any other law of this State by vir tue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of th is Law. Article 2. Definition and Rules of Interpretation For the purposes of this Law: (a) "arbitration" means any arbitration whether or not administere d by a permanent arbitral institution; (b) "arbitral tribunal" means a sole arbitrator or a panel of arbi trators; (c) "court" means a body or organ of the judicial system of a Stat e; (d) where a provision of this Law, except article 28, leaves the p arties free to determine a certain issue, such freedom includes the right o f the parties to authorise a third party, including an institution, t o make that determination; (e) where a provision of this Law refers to the fact that the part ies have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules r eferred to in that agreement; (f) where a provision of this Law, other than in articles 25 ( a) and 32 (2) (a), refers to a claim, it also applies to a counter-claim, and w here it refers to a defence, it also applies to a defence to such count er-claim. Article 3. Receipt of written communications (1) Unless otherwise agreed by the parties: (a) any written communication is deemed to have been received if i t is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of the se can be found after making a reasonable inquiry, a written communicatio n is deemed to have been received if it is sent to the addressee’s l ast-known place of business, habitual residence or mailing address by reg istered letter or any other means which provides a record of the attemp t to deliver it; (b) the communication is deemed to have been received on the day i t is so delivered. (2) The provisions of this article do not apply to communication s in court proceedings. Article 4. Waiver of right to object A party who knows that any provisions of this Law from which t he parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non- compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his right to obj ect. Article 5. Extent of court intervention In matters governed by this Law, no court shall intervene excep t where so provided in this Law. Article 6. Court or other authority for certain functions of arbitration assistance and supervision The functions referred to in articles 11(3), 11(4), 13 (3), 14, 16 (3) and 34 (2) shall ARBITRATION [CAP. 387. 39 be performed by.............[Each State enacting this model law specifies the court, courts or, where referred to therein, other authority competent to perform these functions.] CHAPTER II. ARBITRATION AGREEMENT Article 7. Definition and form of arbitration agreement (1) "Arbitration agreement" is an agreement by the parties to su bmit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contra ctual or not. An arbitration agreement may be in the form of an arbitration clau se in a contract or in the form of a separate agreement. (2) The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an ex change of letters, telex, telegrams or other means of telecommunication which provide a r ecord of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denie d by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract. Article 8. Arbitration agreement and substantive claim before court (1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not late r than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperativ e or incapable of being performed. (2) Where an action referred to in paragraph (1) has been brough t, arbitral proceedings may nevertheless be commenced or continued and an a ward may be made, while the issue is pending before the court. Article 9. Arbitration agreement and interim measures by court It is not incompatible with an arbitration agreement for a part y to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure. CHAPTER III. COMPOSITION OF ARBITRAL TRIBUNAL Article 10. Number of arbitrators (1) The parties are free to determine the number of arbitrators. (2) Failing such determination, the number of arbitrators shall be three. Article 11. Appointment of arbitrators (1) No person shall be precluded by reason of his nationality fr om acting as an arbitrator, unless otherwise agreed by the parties. (2) The parties are free to agree on a procedure of appointing t he arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5 ). (3) Failing such agreement, (a) in an arbitration with three arbitrators, each party shall app oint one 40 CAP. 387.] ARBITRATION arbitrator, and the two arbitrators thus appointed shall appoin t the third arbitrator; if a party fails to appoint the arbitrator within t hirty days of receipt of a request to do so from the other party, or if the t wo arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a p arty, by the court or other authority specified in article 6; (b) in an arbitration with a sole arbitrator, if the parties are u nable to agree on the arbitrator, he shall be appointed, upon request of a par ty, by the court or other authority specified in article 6. (4) Where, under an appointment procedure agreed upon by the par ties, (a) a party fails to act as required under such procedure, or (b) the parties, or two arbitrators, are unable to reach an agreem ent expected of them under such procedure, or (c) a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment proc edure provides other means for securing the appointment. (5) A decision on a matter entrusted by paragraph (3) or (4) to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard t o any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and i mpartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties. Article 12. Grounds for challenge (1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to gi ve rise to justifiable doubts as to his impartiality or independence. An arbitrator, f rom the time of his appointment and throughout the arbitral proceedings, shall with out delay disclose any such circumstances to the parties unless they have already been informed of them by him. (2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or i f he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for r easons of which he becomes aware after the appointment has been made. Article 13. Challenge procedure (1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph (3). (2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in art icle 12 (2), send a written statement of the reasons for the challenge to the arbit ral tribunal. Unless the challenged arbitrator withdraws from his office or the other pa rty agrees to the challenge, the arbitral tribunal shall decide on the challenge. (3) If a challenge under any procedure agreed upon by the partie s or under the ARBITRATION [CAP. 387. 41 procedure of paragraph (2) is not successful, the challenging p arty may request, within thirty days after having received notice of the decision rejecting the challenge, the court or other authority specified in article 6 to decide on the challenge, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal, including the challenged arbitr ator, may continue the arbitral proceedings and make an award. Article 14. Failure or impossibility to act (1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mand ate terminates if he withdraws from his office or if the parties agree on the termin ation. Otherwise, if a controversy remains concerning any of these grounds, any party may request the court or other authority specified in article 6 to decide on th e termination of the mandate, which decision shall be subject to no appeal. (2) If, under this article or article 13 (2), an arbitrator with draws from his office or a party agrees to the termination of the mandate of an arbit rator, this does not imply acceptance of the validity of any ground referred to in t his article or article 12 (2). Article 15. Appointment of substitute arbitrator Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for an y other reason or because of t he revocation of his mandate by agreement of the parties or in any other case of ter mination of his mandate, a substitute arbitrator shall be appointed according t o the rules that were applicable to the appointment of the arbitrator being replaced. CHAPTER IV . JURISDICTION OF ARBITRAL TRIBUNAL Article 16. Competence of arbitral tribunal to rule on its jurisdiction (1) The arbitral tribunal may rule on its own jurisdiction, incl uding any objections with respect to the existence or validity of the arb itration agreement. For that purpose, an arbitration clause which forms part of a contr act shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause. (2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or parti cipated in the appointment of, an arbitrator. A plea that the arbitral tribuna l is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The ar bitral tribunal may, in either case, admit a later plea if it considers the delay justi fied. (3) The arbitral tribunal may rule on a plea referred to in para graph (2) either as a preliminary question or in an award on the merits. If the arb itral tribunal rules as a preliminary question that it has jurisdiction, any part may req uest, within thirty days after having received notice of that ruling, the court specifie d in article 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral procee dings and make an award. Article 17. Power of arbitral tribunal to order interim measures Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of 42 CAP. 387.] ARBITRATION a party, order any party to take such interim measure of protec tion as the arbitral tribunal may consider necessary in respect of the subject-matte r of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measure. CHAPTER V . CONDUCT OF ARBITRAL PROCEEDINGS Article 18. Equal treatment of parties The parties shall be treated with equality and each party shal l be given a full opportunity of presenting his case. Article 19. Determination of rules of procedure (1) Subject to the provisions of this Law, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. (2) Failing such agreement, the arbitral tribunal may, subject t o the provisions of this Law, conduct the arbitration in such manner as it consi ders appropriate. The power conferred upon the arbitral tribunal includes the power t o determine the admissibility, relevance, materiality and weight of any evidenc e. Article 20. Place of arbitration (1) The parties are free to agree on the place of arbitration. F ailing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenie nce of the parties. (2) Notwithstanding the provisions of paragraph (1), the arbitra l tribunal may, unless otherwise agreed by the parties, meet at any place it co nsiders appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents. Article 21. Commencement of arbitral proceedings Unless otherwise agreed by the parties, the arbitral proceedin gs in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent. Article 22. Language (1) The parties are free to agree on the language or languages t o be used in the arbitral proceedings. Failing such agreement, the arbitral trib unal shall determine the language or languages to be used in the proceedings. This agree ment or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or ot her communication by the arbitral tribunal. (2) The arbitral tribunal may order that any documentary evidenc e shall be accompanied by a translation into the language or languages agr eed upon by the parties or determined by the arbitral tribunal. Article 23. Statement of claim and defence (1) Within the period of time agreed by the parties or determine d by the arbitral tribunal, the claimant shall state the facts supporting the cla im, the points at issue and the relief of remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference t o the documents or other evidence they will submit. ARBITRATION [CAP. 387. 43 (2) Unless otherwise agreed by the parties, either party may ame nd or supplement his claim or defence during the course of the arbitr al proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it. Article 24. Hearing and written proceedings (1) Subject to any contrary agreement by the parties, the arbitr al tribunal shall decide whether to hold oral hearings for the presentation of ev idence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed th at no hearings shall be held, the arbitral tribunal sh all hold such hearings at an a ppropriate stage of the proceedings, if so requested by a party. (2) The parties shall be given sufficient advance notice of any hearing and of any meeting of the arbitral tribunal for the purposes of inspec tion of goods, other property or documents. (3) All statements, documents or other information supplied to t he arbitral tribunal by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the arbitral tribunal m ay rely in making its decision shall be communicated to the parties. Article 25. Default of a party Unless otherwise agreed by the parties, if, without showing suf ficient cause, (a) the claimant fails to communicate his statement of claim in ac cordance with article 23 (1), the arbitral tribunal shall terminate the proceedings; (b) the respondent fails to communicate his statement of defence i n accordance with article 23 (1), the arbitral tribunal shall con tinue the proceedings without treating such failure in itself as an admis sion of the claimant’s allegations; (c) any party fails to appear at a hearing or to produce documenta ry evidence, the arbitral tribunal may continue the proceedings an d make the award on the evidence before it. Article 26. Expert appointed by arbitral tribunal (1) Unless otherwise agreed by the parties, the arbitral tribuna l, (a) may appoint one or more experts to report to it on specific is sues to be determined by the arbitral tribunal; (b) may require a party to give the expert any relevant informatio n or to produce, or to provide access to, any relevant documents, goods or other property for his inspection. (2) Unless otherwise agreed by the parties, if a party so reques ts or if the arbitral tribunal considers it necessary, the expert shall, aft er delivery of his written or oral report, participate in a hearing where the parties have the opportunity to put questions to him and to present e xpert witnesses in order to te stify on the points at issue. Article 27. Court assistance in taking evidence The arbitral tribunal or a party with the approval of the arbi tral tribunal may request from a competent court of this State assistance in taki ng evidence. The court may execute the request within its competence and according to its rules on taking evidence. 44 CAP. 387.] ARBITRATION CHAPTER VI. MAKING OF AWARD AND TERMINATION OF PROCEEDINGS Article 28. Rules applicable to substance of dispute (1) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substa nce of the dispute. Any designation of the law or legal system of a given State shall b e construed, unless otherwise expressed, as directly referring to the substantive l aw of that State and not to its conflict of laws rules. (2) Failing any designation by the parties, the arbitral tribuna l shall apply the law determined by the conflict of laws rules which it considers applicable. (3) The arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so. (4) In all cases, the arbitral tribunal shall decide in accordan ce with the terms of the contract and shall take into account the usages of the trad e applicable to the transaction. Article 29. Decision-making by panel of arbitrators In arbitral proceedings with more than one arbitrator, any dec ision of the arbitral tribunal shall be made, unless otherwise agreed by the parties, by a majority of all its members. However, questions of procedure may be decided by a pr esiding arbitrator, if so authorised by the parties or all members of the arbitral tribunal. Article 30. Settlement (1) If, during arbitral proceedings, the parties settle the disp ute, the arbitral tribunal shall terminate the proceedings and, if requested by t he parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms. (2) An award on agreed terms shall be made in accordance with th e provisions of article 31 and shall state that it is an award. Such an awar d has the same status and effect as any other award on the merits of the case. Article 31. Form and contents of award (1) The award shall be made in writing and shall be signed by th e arbitrator or arbitrators. In arbitral proceedings with more than one arbitra tor, the signatures of the majority of all members of the arbitral tribunal shall suff ice, provided that the reason for any omitted signature is stated. (2) The award shall state the reasons upon which it is based, un less the parties have agreed that no reasons are to be given or the award is an award on agreed terms under article 30. (3) The award shall state its date and the place of arbitration as determined in accordance with article 20 (1). The award shall be deemed to ha ve been made at that place. (4) After the award is made, a copy signed by the arbitrators in accordance with paragraph (1) shall be delivered to each party. Article 32. Termination of proceedings (1) The arbitral proceedings are terminated by the final award o r by an order of the arbitral tribunal in accordance with paragraph (2). (2) The arbitral tribunal shall issue an order for the terminati on of the arbitral proceedings when: ARBITRATION [CAP. 387. 45 (a) the claimant withdraws his claim, unless the respondent object s thereto and the arbitral tribunal recognises a legitimate interest on h is part in obtaining a final settlement of the dispute; (b) the parties agree on the termination of the proceedings; (c) the arbitral tribunal finds that the continuation of the proce edings has for any other reason become unnecessary or impossible. (3) The mandate of the arbitral tribunal terminates with the ter mination of the arbitral proceedings, subject to the provisions of articles 33 and 34 (4). Article 33. Correction and interpretation of award, additional award (1) Within thirty days of receipt of the award, unless another p eriod of time has been agreed upon by the parties: (a) a party, with notice to the other party, may request the arbit ral tribunal to correct in the award any errors in computation, any clerical o r typographical errors or any errors of similar nature; (b) if so agreed by the parties, a party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a sp ecific point or part of the award. If the arbitral tribunal considers the request to be justified , it shall make the correction or give the interpretation within thirty days of rec eipt of the request. The interpretation shall form part of the award. (2) The arbitral tribunal may correct any error of the type refe rred to in paragraph (1) ( a) on its own initiative within thirty days of the date of the a ward. (3) Unless otherwise agreed by the parties, a party, with notice to the other party, may request, within thirty days of receipt of the award, the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award. If the arbitral tribunal considers the request to be justified, it shall make the additional award within sixty days. (4) The arbitral tribunal may extend, if necessary, the period o f time within which it shall make a correction, interpretation or an addition al award under paragraph (1) or (3). (5) The provisions of article 31 shall apply to a correction or interpretation of the award or to an additional award. CHAPTER VII. RECOURSE AGAINST AWARD Article 34. Application for setting aside as exclusive recourse against arb itral award (1) Recourse to a court against an arbitral award may be made on ly by an application for setting aside in accordance with paragraphs (2) and (3). (2) An arbitral award may be set aside by the court specified in article 6 only if: (a) the party making the application furnishes proof that: (i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of this State; or (ii) the party making the application was not given proper notic e of 46 CAP. 387.] ARBITRATION the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitt ed to arbitration can be separated from those not so submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or (iv) the composition of the arbitral tribunal or the arbitral pr ocedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Law fro m which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or (b) the court finds that: (i) the subject-matter of the dispute is not capable of settleme nt by arbitration under the law of this State; or (ii) the award is in conflict with the public policy of this Sta te. (3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that applicatio n had received the award or, if a request had been made under article 33, from the date on which that request had been disposed of by the Arbitration Tribunal. (4) The court, when asked to set aside an award, may, where appr opriate and so requested by a party, suspend the setting aside proceedings for a period of time determined by it in order to give the arbitral tribunal an oppo rtunity to resume the arbitral proceedings or to take such action as in the arbitral tribunal’s opinion will eliminate the grounds for setting aside. CHAPTER VIII. RECOGNITION AND ENFORCEMENT OF AWARDS Article 35. Recognition and Enforcement (1) An arbitral award, irrespective of the country in which it w as made, shall be recognised as binding and, upon application in writing to the c ompetent court, shall be enforced subject to the provisions of this article and of ar ticle 36. (2) The party relying on an award or applying for its enforcemen t shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to in article 7 or a du ly certified copy thereof. If the award or agreement is not made in an official language o f this State, the party shall supply a duly certified translation thereof into such lan guage. * Article 36. Grounds for refusing recognition or enforcement (1) Recognition or enforcement of an arbitral award, irrespectiv e of the country in which it was made, may be refused only: (a) at the request of the party against whom it is invoked, if tha t party furnishes to the competent court where recognition or enforceme nt is sought proof that: *The conditions set forth in this paragraph are intended to set maximum standards. It would, thus, not be contrary to the harmonization to be achieved by the Model Law i f a State retained even less onerous conditions. ARBITRATION [CAP. 387. 47 (i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the awar d was made; or (ii) the party against whom the award is invoked was not given p roper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contai ns decisions on matters beyond the scope of the submission to arbitration, provided that, if the decision on matters submitte d to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or (iv) the composition of the arbitral tribunal or the arbitral pr ocedure was not in accordance with the agreement of the parties or, fai ling such agreement, was not in accordance with the law of the count ry where the arbitration took place; or (v) the award has not yet become binding on the parties or has b een set aside or suspended by a court of the country in which, or u nder the law of which, that award was made; or (b) if the court finds that: (i) the subject-matter of the dispute is not capable of settleme nt by arbitration under the law of this State; or (ii) the recognition or enforcement of the award would be contra ry to the public policy of this State. (2) If an application for setting aside or suspension of an awar d has been made to a court referred to in paragraph (1) ( a) (v), the court where recognition or enforcement is sought may, if it considers it proper, adjourn i ts decision and may also, on the application of the party claiming recognition or e nforcement of the award, order the other party to provide appropriate security. 48 CAP. 387.] ARBITRATION The undersigned, being duly authorised, declare that they accep t, on behalf of the countries which they represent, the following provisions : (1) Each of the Contracting States recognises the validity of an agreement whether relating to existing or future differences between part ies, subject respectively to the jurisdiction of different Contracting State s by which the parties to a contract agree to submit to arbitration all or any difference s that may arise in connection with such contract relating to commercial matters or to any other matter capable of settlement by arbitration, whether or not the arbitr ation is to take place in a country to whose jurisdiction none of the parties is subject. Each Contracting State reserves the right to limit the obligati on mentioned above to contracts which are considered as commercial under its national law. Any Contracting State which avails itself of this right will notify the Secretary-General of the League of Nations, in order that the other Contracting Stat es may be so informed. (2) The arbitral procedure, including the constitution of the ar bitral tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place. The Contracting States agree to facilitate all steps in the pro cedure which require to be taken in their own territories, in accordance wit h the provisions of their law governing arbitral procedure applicable to existing differe nces. (3) Each Contracting State undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of a rbitral awards made in its own territory under the preceding articles. (4) The tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made between persons to whom Article I app lies and including an Arbitration Agreement whether referring to present or future differences which is valid in virtue of the said article and capable of being carrie d into effect, shall refer the parties on the application of either of them to the decisio n of the arbitrators. Such reference shall not prejudice the competence of the judici al tribunals in case the agreement or the arbitration cannot proceed or becomes inoperative. (5) The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations, who shall notify su ch deposit to all the Signatory States. (6) The present Protocol will come into force as soon as two rat ifications have been deposited. Thereafter it will take effect, in the case of each Contracting State, one month after the notification by the Secretary-General of th e deposit of ratification. (7) The present Protocol may be denounced by any Contracting Sta te on giving one year’s notice. Denunciation s hall be effected by a notifica tion addressed to the Secretary-General of the League, who will immediately transmit copies of such notification to all the other Signatory States and inform them of the date on which it was received. The denunciation shall take effect one year after the date on which it SECOND SCHEDULE Amended by: XVIII. 1999.31. Substituted by: L.N. 304 of 2004. Part I PROTOCOL ON ARBITRATION CLAUSES (GENEV A 1923) ARBITRATION [CAP. 387. 49 was notified to the Secretary-General, and shall operate only i n respect of the notifying State. (8) The Contracting States may declare that their acceptance of the present Protocol does not include any or all of the under-mentioned ter ritories: that is to say, their colonies, overseas possessions or territories, protectora tes or the territories over which they exercise a mandate. The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the League of Nations shall be informed as soon as possible of such adhesions. He shall notify such adhesions to all Signatory States. They will take effect one month after the not ification by the Secretary-General to all Signatory States. The Contracting States may also denounce the Protocol separatel y on behalf of any of the territories referred to above. Article 7 applies to such denunciation. Part II CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS (GENEV A 1927) Article 1 In the territories of any High Contracting Party to which the p resent Convention applies, all arbitral awards made in pursuance of an agreement whether relating to existing or future differences (hereinafter called "a submission to arbitration") covered by the Protocol on Arbitration Clauses, o pened at Geneva on September 24, 1923, shall be recognised as binding and shall be enforced in accordance with the rules of the procedure of the territory whe re the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction of one of the High Contract ing Parties. To obtain such recognition or enforcement, it shall, further, b e necessary: (a) That the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto; (b) That the subject-matter of the award is capable of settlemen t by arbitration under the law of the country in which the award is sought to be relied upon; (c) That the award has been made by the Arbitral Tribunal provid ed for in the submission to arbitration or constituted in the manner agre ed upon by the parties and in conformity with the law governing the arb itration procedure; (d) That the award has become final in the country in which it h as been made, in the sense that it will not be considered as such if it is open to opposition, appeal or pourvoi en cassation (in the countries where such forms of procedure exist) or if it is proved that any proceedin gs for the purpose of contesting the validity of the award are pending; (e) That the recognition or enforcement of the award is not cont rary to the public policy or to the principles of the law of the country in which it is sought to be relied upon. Article 2 Even if the conditions laid down in Article 1 hereof are fulfil led, recognition and enforcement of the award shall be refused if the Court is s atisfied: 50 CAP. 387.] ARBITRATION (a) That the award has been annulled in the country in which it was made; (b) That the party against whom it is sought to use the award wa s not given notice of the arbitration proceedings in sufficient time to ena ble him to present his case; or that, being under a legal incapacity, he w as not properly represented; (c) That the award does not deal with the differences contemplat ed by or falling within the terms of the submission to arbitration or th at it contains decisions on matters beyond the scope of the submissio n to arbitration. If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognit ion or enforcement of the award is sought can, if it thinks fit, postpone such recogn ition or enforcement or grant it subject to such guarantee as that authority may decide . Article 3 If the party against whom the award has been made proves that u nder the law governing the arbitration procedure, there is a ground, oth er than the grounds referred to in Article 1 (a) and (c), and Article 2 (b) and (c) , entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the c onsideration thereof, giving such party a reasonable time within which to have the aw ard annulled by the competent tribunal. Article 4 The party relying upon an award or claiming its enforcement mus t supply, in particular: (1) The original award or a copy thereof duly authenticated, acc ording to the requirements of the law of the country in which it was made ; (2) Documentary or other evidence to prove that the award has be come final, in the sense defined in Article 1 (d), in the country in which it was made; (3) When necessary, documentary or other evidence to prove that the condition laid down in Article 1, paragraph 1 and paragraph 2 ( a) and (c), have been fulfilled. A translation of the award and of the other documents mentioned in the Article into the official language of the country where the awa rd is sought to be relied upon may be demanded. Such translation must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon. Article 5 The provisions of the above Articles shall not deprive any inte rested party of the right of availing himself of an arbitral award in the manne r and to the extent allowed by the law or the treaties of the country where such aw ard is sought to be relied upon. Article 6 The present Convention applies only to arbitral awards made aft er the coming into force of the Protocol on Arbitration Clauses, opene d at Geneva on September 24, 1923. ARBITRATION [CAP. 387. 51 Article 7 The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, sha ll be ratified. It may be ratified only on behalf of those Members of the Leagu e of Nations and non-Member States on whose behalf the Protocol of 1923 shal l have been ratified. Ratifications shall be deposited as soon as possible with the S ecretary- General of the League of Nations, who will notify such deposit to all the signatories. Article 8 The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. T hereafter, it shall take effect, in the case of each High Contracting Party, three month s after the deposit of the ratification on its behalf with the Secretary-General of th e League of Nations. Article 9 The present Convention may be denounced on behalf of any Member of the League or non-Member State. Denunciation shall be notified in w riting to the Secretary-General of the League of Nations, who will immediatel y send a copy thereof, certified to be in conformity with the notification, t o all the other Contracting Parties, at the same time informing them of the dat e on which he received it. The denunciation shall come into force only in respect of the H igh Contracting Party which shall have notified it and one year aft er such notification shall have reached the Secretary-General of the League of Natio ns. The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto , the denunciation of the present Convention. Article 10 The present Convention does not apply to the Colonies, Protecto rates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned. The application of this Convention to one or more of such Colon ies, Protectorates or territories to which the Protocol on Arbitrati on Clauses, opened at Geneva on September 24, 1923, applies, can be affected at any t ime by means of a declaration addressed to the Secretary-General of the League of Nations by one of the High Contracting Parties. Such declaration shall take effect three months after the depos it thereof. The High Contracting Parties can at any time denounce the Conve ntion for all or any of the Colonies, Protectorates or territories referr ed to above. Article 9 hereof applies to such denunciation. Article 11 A certified copy of the present Convention shall be transmitted by the Secretary-General of the League of Nations to every Member of t he League of Nations and to every non-Member State which signs the same. In faith whereof the above-named Plenipotentiaries have signed the present Convention. DONE AT Geneva, on the twenty-sixth day of September one thousa nd nine hundred and twenty- seven, in a single copy, of which the Engli sh and French texts 52 CAP. 387.] ARBITRATION are both authentic, and which will be kept in the archives of t he League of Nations. Part III CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS (NEW YORK 1958) ARTICLE I 1. This Convention shall apply to the recognition and enforcemen t of arbitral awards made in the territory of a State other than the State wh ere the recognition and enforcement of such awards are sought, and arising out of diffe rences between persons, whether physical or legal. It shall also apply to arbi tral awards not considered as domestic awards in the State where their recognit ion and enforcement are sought. 2. The term "arbitral awards" shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitr al bodies to which the parties have submitted. 3. When signing, ratifying or acceding to this Convention, or no tifying extension under article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforc ement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal r elationships, whether contractual or not, which are considered as commercial under th e national law of the State making such declaration. ARTICLE II 1. Each Contracting State shall recognize an agreement in writin g under which the parties undertake to submit to arbitration all or any diffe rences which have arisen or which may arise between them in respect of a defined legal r elationship, whether contractual or not, concerning a subject matter capable of sett lement by arbitration. 2. The term "agreement in writing" shall include an arbitral cla use in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams. 3. The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inope rative or incapable of being performed. ARTICLE III Each Contracting State shall recognize arbitral awards as bindi ng and enforce them in accordance with the rules of procedure of the t erritory where the award is relied upon, under the conditions laid down in the fol lowing articles. There shall not be imposed substantially more onerous conditions or h igher fees or charges on the recognition or enforcement of arbitral awards to which t his Convention applies than are imposed on the recognition or enforcement of d omestic arbitral awards. ARTICLE IV 1. To obtain the recognition and enforcement mentioned in the pr eceding article, the party applying for recognition and enforcement sha ll, at the time of the application, supply: (a) The duly authenticated original award or a duly certified co py thereof; ARBITRATION [CAP. 387. 53 (b) The original agreement referred to in Article II or a duly c ertified copy thereof. 2. If the said award or agreement is not made in an official lan guage of the country in which the award is relied upon, the party applying f or recognition and enforcement of the award shall produce a translation of these d ocuments into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. ARTICLE V 1. Recognition and enforcement of the award may be refused, at t he request of the party against whom it is invoked, only if that party furnis hes to the competent authority where the recognition and enforcement is sought, proo f that: (a) The parties to the agreement referred to in Article II were, under the law applicable to them, under some incapacity, or the said agreemen t is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the awar d was made; or (b) The party against whom the award is invoked was not given pr oper notice of the appointment of the arbitrator or of the arbitrati on proceedings or was otherwise unable to present his case; or (c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contai ns decisions on matters beyond the scope of the submission to arbitration, p rovided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award w hich contains decisions on matters submitted to arbitration may be recognized and enforced; or (d) The composition of the arbitral authority or the arbitral pr ocedure was not in accordance with the agreement of the parties, or, failin g such agreement, was not in accordance with the law of the country wh ere the arbitration took place; or (e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in w hich, or under the law of which, that award was made. 2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforc ement is sought finds that: (a) The subject matter of the difference is not capable of settl ement by arbitration under the law of that country; or (b) The recognition or enforcement of the award would be contrar y to the public policy of that country. ARTICLE VI If an application for the setting aside or suspension of the aw ard has been made to a competent authority referred to in Article V (1)(e), the authority before which the award is sought to be relied upon may, if it consider s it proper, adjourn the decision on the enforcement of the award and may also, on the a pplication of the party claiming enforcement of the award, order the other party to give suitable security. ARTICLE VII 54 CAP. 387.] ARBITRATION 1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting States nor depr ive an interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country wh ere such award is sought to be relied upon. 2. The Geneva Protocol on Arbitration Clauses of 1923 and the Ge neva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and t o the extent that they become bound, by this Convention. ARTICLE VIII 1. This Convention shall be open until 31 December 1958 for sign ature on behalf of any Member of the United Nations and also on behalf o f any other State which is or hereafter becomes a member of any specialized agenc y of the United Nations, or which is or hereafter becomes a party to the Statut e of the International Court of Justice, or any other State to which an invitation has been addressed by the General Assembly of the United Nations. 2. This Convention shall be ratified and the instrument of ratif ication shall be deposited with the Secretary-General of the United Nations. ARTICLE IX 1. This Convention shall be open for accession to all States ref erred to in Article VIII. 2. Accession shall be effected by the deposit of an instrument o f accession with the Secretary-General of the United Nations. ARTICLE X 1. Any State may, at the time of signature, ratification or acce ssion, declare that this Convention shall extend to all or any of the territor ies for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned. 2. At any time thereafter any such extension shall be made by no tification addressed to the Secretary-General of the United Nations and sh all take effect as from the ninetieth day after the day of receipt by the Secretar y-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later. 3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State co ncerned shall consider the possibility of taking the necessary steps in order to exten d the application of this Convention to such territories, subject, where necessary for co nstitutional reasons, to the consent of the Governments of such territories. ARTICLE XI In the case of a federal or non-unitary State, the following pr ovisions shall apply: (a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal authority, the obligati ons of the federal Government shall to this extent be the same as those of Contracting States which are not federal States; (b) With respect to those articles of this Convention that come within the ARBITRATION [CAP. 387. 55 legislative jurisdiction of constituent states or provinces whi ch are not, under the constitutional system of the federation, bound to tak e legislative action, the federal Government shall bring such art icles with a favourable recommendation to the notice of the appropriate au thorities of constituent states or provinces at the earliest possible mom ent; (c) A federal State Party to this Convention shall, at the reque st of any other Contracting State transmitted through the Secretary-Gener al of the United Nations, supply a statement of the law and practice of t he federation and its constituent units in regard to any particula r provision of this Convention, showing the extent to which effect has been given to that provision by legislative or other action. ARTICLE XII 1. This Convention shall come into force on the ninetieth day fo llowing the date of deposit of the third instrument of ratification or acce ssion. 2. For each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convent ion shall enter into force on the ninetieth day after deposit by such State of its i nstrument of ratification or accession. ARTICLE XIII 1. Any Contracting State may denounce this Convention by a writt en notification to the Secretary-General of the United Nations. De nunciation shall take effect one year after the date of receipt of the notification b y the Secretary-General. 2. Any State which has made a declaration or notification under article X may, at any time thereafter, by notification to the Secretary-Genera l of the United Nations, declare that this Convention shall cease to extend to the terri tory concerned one year after the date of the receipt of the notification by the Secret ary-General. 3. This Convention shall continue to be applicable to arbitral a wards in respect of which recognition or enforcement proceedings have been insti tuted before the denunciation takes effect. ARTICLE XIV A Contracting State shall not be entitled to avail itself of th e present Convention against other Contracting States except to the exten t that it is itself bound to apply the Convention. ARTICLE XV The Secretary-General of the United Nations shall notify the St ates contemplated in article VIII of the following: (a) Signatures and ratifications in accordance with Article VIII ; (b) Accessions in accordance with Article IX; (c) Declarations and notifications under Articles I, X and XI; (d) The date upon which this Convention enters into force in acc ordance with Article XII; and (e) Denunciations and notifications in accordance with Article X III. ARTICLE XVI 1. This Convention, of which the Chinese, English, French, Russi an and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations. 56 CAP. 387.] ARBITRATION 2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in Article VIII. Declaration made by Malta on its becoming a member to the Unite d Nations Convention on the recognition and enforcement of Foreign Arbitr al Awards (New York 1958) 1. In accordance with the relevant provisions of the Convention, Malta will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State. 2. The Convention only applies in regard to Malta with respect t o arbitration agreements concluded after the date of Malta’s accession to the Convention and awards pursuant thereto made after the date of Malta’s accessio n to the Convention. ARBITRATION [CAP. 387. 57 CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES (WASHINGTON 1965) Preamble The Contracting States Considering the need for international co-operation for econom ic development, and the role of private international investment therein; Bearing in mind the possibility that from time to time dispute s may arise in connection with such investment between Contracting States and nationals of other Contracting States; Recognising that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropria te in certain cases; Attaching particular importance to the availability of facilit ies for international conciliation or arbitration to which Contracting States may sub mit such disputes if they so desire; Desiring to establish such facilities under the auspices of th e International Bank for Reconstruction and Development; Recognising that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitu tes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its conse nt be deemed to be under any obligation to submit any particular dispute to concil iation or arbitration; Have agreed as follows: CHAPTER I INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES SECTION 1 Establishment and Organisation ARTICLE I (1) There is hereby established the International Centre for Set tlement of Investment Disputes (hereinafter called the Centre). (2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States a nd nationals of other Amended by: XVIII. 1999.32. THIRD SCHEDULE 58 CAP. 387.] ARBITRATION Contracting States in accordance with the provisions of this Co nvention. ARTICLE 2 The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter called the Bank). T he seat may be moved to another place by decision of the Administrative Counci l adopted by a majority of two-thirds of its members. ARTICLE 3 The Centre shall have an Administrative Council and a Secretar iat and shall maintain a Panel of Conciliators and a Panel of Arbitrators. SECTION 2 The Administrative Council ARTICLE 4 (1) The Administrative Council shall be composed of one represen tative of each Contracting State. An alternate may act as representative in ca se of his principal’s absence from a meeting or inability to act. (2) In the absence of a contrary designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be ex officio its representative and its alternate respectively. ARTICLE 5 The President of the Bank shall be ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no vot e. During his absence or inability to act and during any vacancy in the office of Pre sident of the Bank, the person for the time being acting as President shall act as Chai rman of the Administrative Council. ARTICLE 6 (1) Without prejudice to the powers and functions vested in it b y other provisions of this Convention, the Administrative Council shall (a) adopt the administrative and financial regulations of the Cent re; (b) adopt the rules of procedure for the institution of conciliati on and arbitration proceedings; (c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules); (d) approve arrangements with the Bank for the use of the Bank’s administrative facilities and services; (e) determine the conditions of service of the Secretary-General a nd of any Deputy Secretary-General; (f) adopt the annual budget of revenue and expenditures of the Cen tre; ARBITRATION [CAP. 387. 59 (g) approve the annual report on the operation of the Centre. The decisions referred to in subparagraphs ( a), ( b), ( c) and ( f) above shall be adopted by a majority of two-thirds of the members of the Admin istrative Council. (2) The Administrative Council may appoint such committees as it considers necessary. (3) The Administrative Council shall also exercise such other po wers and perform such other functions as it shall determine to be necess ary for the implementation of the provisions of this Convention. ARTICLE 7 (1) The Administrative Council shall hold an annual meeting and such other meetings as may be determined by the Council, or convened by th e Chairman, or convened by the Secretary-General at the request of not less th an five members of the Council. (2) Each member of the Administrative Council shall have one vot e and, except as otherwise herein provided, all matters before the Council sh all be decided by a majority of the votes cast. (3) A quorum for any meeting of the Administrative Council shall be a majority of its members. (4) The Administrative Council may establish, by a majority of t wo-thirds of its members, a procedure whereby the Chairman may seek a vote of th e Council without convening a meeting of the Council. The vote shall be considere d valid only if the majority of the members of the Council cast their votes within the time limit set by the said procedure. ARTICLE 8 Members of the Administrative Council and the Chairman shall s erve without remuneration from the Centre. SECTION 3 The Secretariat ARTICLE 9 The Secretariat shall consist of a Secretary-General, one or m ore Deputy Secretaries-General and staff. ARTICLE 10 (1) The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by a majority of two-thirds of it s members upon the nomination of the Chairman for a term of service not exceeding six years and shall be eligible for re-election. After consulting the members of th e Administrative Council, the Chairman shall propose one or more candidates for each such office. (2) The offices of Secretary-General and Deputy Secretary-Genera l shall be 60 CAP. 387.] ARBITRATION incompatible with the exercise of any political function. Neith er the Secretary- General nor any Deputy Secretary-General may hold any other emp loyment or engage in any other occupation except with the approval of the Administrative Council. (3) During the Secretary-General’s absence or inability to act, and during any vacancy of the office of Secretary-General, the Deputy Secretar y-General shall act as Secretary-General. If there shall be more than one Deputy Se cretary-General, the Administrative Council shall determine in advance the order in which they shall act as Secretary-General. ARTICLE 11 The Secretary-General shall be the legal representative and th e principal officer of the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform t he function of registrar and shall have the power to authenticate arbitral awa rds rendered pursuant to this Convention, and to certify copies thereof. SECTION 4 The Panels ARTICLE 12 The Panel of Conciliators and the Panel of Arbitrators shall e ach consist of qualified persons, designated as hereinafter provided, who are willing to serve thereon. ARTICLE 13 (1) Each Contracting State may designate to each Panel four pers ons who may but need not be its nationals. (2) The Chairman may designate ten persons to each Panel. The pe rsons so designated to a Panel shall each have a different nationality. ARTICLE 14 (1) Persons designated to serve on the Panels shall be persons o f high moral character and recognised competence in the fields of law, comme rce, industry or finance, who may be relied upon to exercise independent judgeme nt. Competence in the field of the law shall be of particular importance in the c ase of persons on the Panel of Arbitrators. (2) The Chairman, in designating persons to serve on the Panels, shall in addition pay due regard to the importance of assuring represent ation on the Panels of the principal legal systems of the world and of the main forms of economic activity. ARTICLE 15 (1) Panel members shall serve for renewable periods of six years . ARBITRATION [CAP. 387. 61 (2) In case of death or resignation of a member of a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder of that member’s term. (3) Panel members shall continue in office until their successor s have been designated. ARTICLE 16 (1) A person may serve on both Panels. (2) If a person shall have been designated to serve on the same Panel by more than one Contracting State, or by one or more Contracting State s and the Chairman, he shall be deemed to have been designated by the authority whi ch first designated him or, if one such authority is the State of which he is a nat ional by that State. (3) All designations shall be notified to the Secretary-General and shall take effect from the date on which the notification is received. SECTION 5 Financing the Centre ARTICLE 17 If the expenditure of the Centre cannot be met out of charges for the use of its facilities, or out of other receipts, the excess shall be borne by Contracting States which are members of the Bank in proportion to their respective subscriptions to the capital stock of the Bank, and by Contracting States which are not members of the Bank in accordance with rules adopted by the Administrative Cou ncil. SECTION 6 Status, Immunities and Privileges ARTICLE 18 The Centre shall have full international legal personality. Th e legal capacity of the Centre shall include the capacity (a) to contract; (b) to acquire and dispose of movable and immovable property; (c) to institute legal proceedings. ARTICLE 19 To enable the Centre to fulfil its functions, it shall enjoy i n the territories of each Contracting Centre the immunities and privileges set forth in t his Section. ARTICLE 20 The Centre, its property and assets shall enjoy immunity from all legal process, 62 CAP. 387.] ARBITRATION except when the Centre waives this immunity. ARTICLE 21 The Chairman, the members of the Administrative Council, perso ns acting as conciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52, and the officers and employees of the Secretariat (a) shall enjoy immunity from legal process with respect to acts p erformed by them in the exercise of their functions, except when the Cen tre waives this immunity; (b) not being local nationals, shall enjoy the same immunities fro m immigration restrictions, alien registration requirements and n ational service obligations, the same facilities as regards exchange re strictions and the same treatment in respect of travelling facilities as a re accorded by Contracting States to the representatives, officials and emp loyees of comparable rank of other Contracting States. ARTICLE 22 The provisions of Article 21 shall apply to persons appearing in proceedings under this Convention as parties, agents, counsel, advocates, w itnesses or experts; provided, however, that subparagraph ( b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where th e proceedings are held. ARTICLE 23 (1) The archives of the Centre shall be inviolable wherever they may be. (2) With regard to its official communications, the Centre shall be accorded by each Contracting State treatment not less favourable than that accorded to other international organisations. ARTICLE 24 (1) The Centre, its assets, property and income, and its operati ons and transactions authorised by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties. (2) Except in the case of local nationals, no tax shall be levie d on or in respect of expense allowances paid by the Centre to the Chairman or mem bers of the Administrative Council, or on or in respect of salaries, expens e allowances or other emoluments paid by the Centre to officials or employees of the Secretariat. (3) No tax shall be levied on or in respect of fees or expense a llowances received by persons acting as conciliators, or arbitrators, or members of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedin gs under this Convention, if the sole jurisdictional basis for such tax is th e location of the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid. ARBITRATION [CAP. 387. 63 CHAPTER II JURISDICTION OF THE CENTRE ARTICLE 25 (1) The jurisdiction of the Centre shall extend to any legal dis pute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally. (2) "National of another Contracting State" means: (a) any natural person who had the nationality of a Contracting St ate other than the State party to the dispute on the date on which the pa rties consented to submit such dispute to conciliation or arbitration as well as on the date on which the request was registered pursuant to par agraph (3) of Article 28 or paragraph (3) of Article 36, but does not include any person who on either date also had the nationality of the Contr acting State party to the dispute; and (b) any juridical person which had the nationality of a Contractin g State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had the nationality of the Contracting S tate party to the dispute on that date and which, because of foreign contr ol, the parties have agreed should be treated as a national of another Contracting State for the purposes of this Convention. (3) Consent by a constituent subdivision or agency of a Contract ing State shall require the approval of that State unless that State notifies t he Centre that no such approval is required. (4) Any Contracting State may, at the time of ratification, acce ptance or approval of this Convention or at any time thereafter, notify t he Centre of the class or classes of disputes which it would or would not consider sub mitting to the jurisdiction of the Centre. The Secretary-General shall forthwi th transmit such notification to all Contracting States. Such notification shall not constitute the consent required by paragraph (1). ARTICLE 26 Consent of the parties to arbitration under this Convention sh all, unless otherwise stated, be deemed consent to such arbitration to the exclusion of any other remedy. A Contracting State may require the exhaustion of local administr ative or judicial remedies as a condition of its consent to arbitration under thi s Convention. ARTICLE 27 (1) No Contracting State shall give diplomatic protection, or br ing an international claim, in respect of a dispute which one of its n ationals and another Contracting State shall have consented to submit or shall have submitted to arbitration under this Convention, unless such other Contractin g State shall have 64 CAP. 387.] ARBITRATION failed to abide by and comply with the award rendered in such d ispute. (2) Diplomatic protection, for the purposes of paragraph (1), sh all not include informal diplomatic exchanges for the sole purpose of facilitat ing a settlement of the dispute. CHAPTER III CONCILIATION SECTION 1 Request for Conciliation ARTICLE 28 (1) Any Contracting State or any national of a Contracting State wishing to institute conciliation proceedings shall address a request to t hat effect in writing to the Secretary-General who shall send a copy of the request to t he other party. (2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to conciliation in ac cordance with the rules of procedure for the institution of conciliation and arbitratio n proceedings. (3) The Secretary-General shall register the request unless he f inds, on the basis of the information contained in the request, that the dispute i s manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parti es of registration or refusal to register. SECTION 2 Constitution of the Conciliation Commission ARTICLE 29 (1) The Conciliation Commission (hereinafter called the Commissi on) shall be constituted as soon as possible after registration of a request pursuant to Article 28. (2) ( a) The Commission shall consist of a sole conciliator or any une ven number of conciliators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of th ree conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties. ARTICLE 30 If the Commission shall not have been constituted within 90 da ys after notice of registration of the request has been dispatched by the Secretar y-General in accordance with paragraph (3) of Article 28, or such other peri od as the parties may agree, the Chairman shall, at the request of either party and a fter consulting both parties as far as possible, appoint the conciliator or concilia tors not yet appointed. ARBITRATION [CAP. 387. 65 ARTICLE 31 (1) Conciliators may be appointed from outside the Panel of Conc iliators, except in the case of appointments by the Chairman pursuant to Article 30. (2) Conciliators appointed from outside the Panel of Conciliator s shall possess the qualities stated in paragraph (1) of Article 14. SECTION 3 Conciliation Proceedings ARTICLE 32 (1) The Commission shall be the judge of its own competence. (2) Any objection by a party to the dispute that a dispute is no t within the jurisdiction of the Centre, or for other reasons is not within the competence of the Commission, shall be considered by the Commission which shall d etermine whether to deal with it as a preliminary question or to join it to the merits of the dispute. ARTICLE 33 Any conciliation proceeding shall be conducted in accordance w ith the provisions of this Section and except as the parties otherwise agree, in a ccordance with the Conciliation Rules in effect on the date on which the parties c onsented to conciliation. If any question of procedure arises which is not covered by this Section or the Conciliation Rules or any rules agreed by the parties, t he Commission shall decide the question. ARTICLE 34 (1) It shall be the duty of the Commission to clarify the issues in dispute between the parties and to endeavour to bring about agreement b etween them upon mutually acceptable terms. To that end, the Commission may at a ny stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall cooperate in good faith with the Commission in or der to enable the Commission to carry out its functions, and shall give their mos t serious consideration to its recommendations. (2) If the parties reach agreement, the Commission shall draw up a report noting the issues in dispute and recording that the parties have reach ed agreement. If, at any stage of the proceedings, it appears to the Commission that the re is no likelihood of agreement between the parties, it shall close the proceedings a nd shall draw up a report noting the submission of the dispute and recording the f ailure of the parties to reach agreement. If one party fails to appear or participate in the proceedings the Commission shall close the proceedings and shall draw up a repo rt noting that party’s failure to appear or participate. ARTICLE 35 Except as the parties to the dispute shall otherwise agree, ne ither party to a conciliation proceedings shall be entitled in any other proceed ing, whether before 66 CAP. 387.] ARBITRATION arbitrators or in a court of law or otherwise, to invoke or rel y on any views expressed or statements or admissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission. CHAPTER IV ARBITRATION SECTION 1 Request for Arbitration ARTICLE 36 (1) Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to th at effect in writing to the Secretary-General who shall send a copy of the request to the o ther party. (2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to arbitration in acc ordance with the rules of procedure for the institution of conciliation and arbitration p roceedings. (3) The Secretary-General shall register the request unless he f inds, on the basis of the information contained in the request, that the dispute i s manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parti es of registration or refusal to register. SECTION 2 Constitution of the Tribunal ARTICLE 37 (1) The Arbitral Tribunal (hereinafter called the Tribunal) shal l be constituted as soon as possible after registration of a request pursuant to Article 36. (2) ( a) The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. (b) Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of thre e arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties. ARTICLE 38 If the Tribunal shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretar y-General in accordance with paragraph (3) of Article 36, or such other peri od as the parties may agree, the Chairman shall, at the request of either party and a fter consulting both parties as far as possible, appoint the arbitrator or arbitrato rs not yet appointed. ARBITRATION [CAP. 387. 67 Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals of the Contracting State party to the dispute or of the Contrac ting State whose national is a party to the dispute. ARTICLE 39 The majority of the arbitrators shall be nationals of States o ther than the Contracting State party to the dispute and the Contracting Stat e whose national is a party to the dispute; provided, however, that the foregoing pro visions of this Article shall not apply if the sole arbitrator or each individual membe r of the Tribunal has been appointed by agreement of the parties. ARTICLE 40 (1) Arbitrators may be appointed from outside the Panel of Arbit rators, except in the case of appointments by the Chairman pursuant to Article 38. (2) Arbitrators appointed from outside the Panel of Arbitrators shall possess the qualities stated in paragraph (1) of Article 14. SECTION 3 Powers and Functions of the Tribunal ARTICLE 41 (1) The Tribunal shall be the judge of its own competence. (2) Any objection by a party to the dispute that is not within t he jurisdiction of the Centre, or for other reasons is not within the competence o f the Tribunal, shall be considered by the Tribunal which shall determine whether to dea l with it as a preliminary question or to join it to the merits of the dispute . ARTICLE 42 (1) The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (in cluding its rules on the conflict of laws) and such rules of international law as may be applicable. (2) The Tribunal may not bring in a finding of non liquet on the ground of silence or obscurity of the law. (3) The provisions of paragraphs (1) and (2) shall not prejudice the power of the Tribunal to decide a dispute ex aequo et bono if the parties so agree. ARTICLE 43 Except as the parties otherwise agree, the Tribunal may, if it deems it necessary at any state of the proceedings: (a) call upon the parties to produce documents or other evidence, and (b) visit the scene connected with the dispute, and conduct such e nquiries 68 CAP. 387.] ARBITRATION there as it may deem appropriate. ARTICLE 44 Any arbitration proceeding shall be conducted in accordance wit h the provisions of this Section and, except as the parties otherwise agree, in accordance with the Arbitration Rules in effect on the date on which the parties co nsented to arbitration. If any question of procedure arises which is not covered by thi s Section or the Arbitration Rules or any rules agreed by the parties, the Tribu nal shall decide the question. ARTICLE 45 (1) Failure of a party to appear or to present his case shall no t be deemed an admission of the other party’s assertions. (2) If a party fails to appear or to present his case at any sta ge of the proceedings the other party may request the Tribunal to deal wi th the questions submitted to it and to render an award. Before rendering an awa rd, the Tribunal shall notify, and grant a period of grace to, the party failing to ap pear or to present its case, unless it is satisfied that party does not intend to do s o. ARTICLE 46 Except as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any incidental or additional claims or counter-claims arising directly out of the subject-matter of the dispute provided that they are wit hin the scope of the consent of the parties and are otherwise within the jurisdictio n of the Centre. ARTICLE 47 Except as the parties otherwise agree, the Tribunal may, if it considers that the circumstances so require, recommend any provisional measures wh ich should be taken to preserve the respective rights of either party. SECTION 4 The Award ARTICLE 48 (1) The Tribunal shall decide questions by a majority of the vot es of all its members. (2) The award of the Tribunal shall be in writing and shall be s igned by the members of the Tribunal who voted for it. (3) The award shall deal with every question submitted to the Tr ibunal, and shall state the reasons upon which it is based. (4) Any member of the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement of his dissent. (5) The Centre shall not publish the award without the consent o f the parties. ARBITRATION [CAP. 387. 69 ARTICLE 49 (1) The Secretary-General shall promptly dispatch certified copi es of the award to the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched. (2) The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered may after notice to the other p arty decide any question which it had omitted to decide in the award and shall rectify any clerical, arithmetical or similar error in the award. Its decision shall become part of the award and shall be notified to the parties in the same manner as the award. The periods of time provided for under paragraph (2) of Article 51 and paragra ph (2) of Article 52 shall run from the date on which the decision was rendered. SECTION 5 Interpretation, Revision and Annulment of the Award ARTICLE 50 (1) If any dispute shall arise between the parties as to the mea ning or scope of an award, either party may request interpretation of the award by an application in writing addressed to the Secretary-General. (2) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter. The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. ARTICLE 51 (1) Either party may request revision of the award by an applica tion in writing addressed to the Secretary-General on the ground of discovery o f some fact of such a nature as decisively to effect the award, provided that when th e award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant’s ignorance of that fact was not due to negligence. (2) The application shall be made within 90 days after the disco very of such fact and in any event within three years after the date on which the award was rendered. (3) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter. (4) The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Tribunal rules on such request. ARTICLE 52 (1) Either party may request annulment of the award by an applic ation in writing to the Secretary-General on one or more of the followin g grounds: (a) that the Tribunal was not properly constituted; 70 CAP. 387.] ARBITRATION (b) that the Tribunal had manifestly exceeded its powers; (c) that there was corruption on the part of a member of the Tribu nal; (d) that there has been a serious departure from a fundamental rul e of procedure; or (e) that the award has failed to state the reasons on which it is based. (2) The application shall be made within 120 days after the date on which the award was rendered except that when annulment is requested on t he ground of corruption such application shall be made within 120 days after discovery of the corruption and in any event within three years after the date o n which the award was rendered. (3) On receipt of the request the Chairman shall forthwith appoi nt from the Panel of Arbitrators an ad hoc Committee of three persons. None of the members of the Committee shall have been a member of the Tribunal which re ndered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the Panel of Arbitrators by either of those States, or shall have acted as a conciliator in the same dispute. The Committee shall have the authority to annul the award or any part thereof on any of the grounds set f orth in paragraph (1). (4) The provisions of Articles 41 - 45, 48, 49, 53 and 54, and o f Chapters VI and VII shall apply mutatis mutandis to proceedings before the Committee. (5) The Committee may, if it considers that circumstances so req uire, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Committee rules on such request. (6) If the award is annulled the dispute shall, at the request o f either party, be submitted to a new Tribunal constituted in accordance with Sect ion 2 of this Chapter. SECTION 6 Recognition and Enforcement of the Award ARTICLE 53 (1) The award shall be binding on the parties and shall not be s ubject to any appeal or to any other remedy except those provided for in this Convention. Each party shall abide by and comply with the terms of the award exc ept to the extent that enforcement shall have been stayed pursuant to the relevant pro visions of this Convention. (2) For the purposes of this Section, "award" shall include any decision interpreting, revising or annulling such award pursuant to Arti cles 50, 51 or 52. ARTICLE 54 (1) Each Contracting State shall recognise an award rendered pur suant to this Convention as binding and enforce the pecuniary obligations imp osed by that award within its territories as if it were a final judgement of a cou rt in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts sha ll treat the award as if it were a final judgement of the courts of a constituent state. ARBITRATION [CAP. 387. 71 (2) A party seeking recognition or enforcement in the territorie s of a Contracting State shall furnish to a competent court or other a uthority which such State shall have designated for this purpose a copy of the awar d certified by the Secretary-General. Each Contracting State shall notify the Secr etary-General of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation. (3) Execution of the award shall be governed by the laws concern ing the execution of judgements in force in the State in whose territor ies such execution is sought. ARTICLE 55 Nothing in Article 54 shall be construed as derogating from th e law in force in any Contracting State relating to immunity of that State or of any foreign State from execution. CHAPTER V REPLACEMENT AND DISQUALIFICATION OF CONCILIATORS AND ARBITRATORS ARTICLE 56 (1) After a Commission or a Tribunal has been constituted and pr oceedings have begun, its composition shall remain unchanged; provided, howeve r, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of Se ction 2 of Chapter III or Section 2 of Chapter IV . (2) A member of the Commission or Tribunal shall continue to ser ve in that capacity notwithstanding that he shall have ceased to be a memb er of the Panel. (3) If a conciliator or an arbitrator appointed by a party shall have resigned without the consent of the Commission or Tribunal of which he w as a member, the Chairman shall appoint a person from the appropriate Panel to f ill the resulting vacancy. ARTICLE 57 A party may propose to a Commission or Tribunal the disqualifi cation of any of its members on account of any fact indicating a manifest lack o f the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of C hapter IV . ARTICLE 58 The decision on any proposal to disqualify a conciliator or ar bitrator shall be taken by the other members of the Commission or Tribunal as the case may be, provided that where those members are equally divided, or in th e case of a proposal to disqualify a sole conciliator or arbitrator, or a majority o f the conciliators or 72 CAP. 387.] ARBITRATION arbitrators, the Chairman shall take that decision. If it is de cided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of Section 2 of Chap ter III or Section 2 of Chapter IV . CHAPTER VI COST OF PROCEEDINGS ARTICLE 59 The charges payable by the parties for the use of the faciliti es of the Centre shall be determined by the Secretary-General in accordance with the r egulations adopted by the Administrative Council. ARTICLE 60 (1) Each Commission and each Tribunal shall determine the fees a nd expenses of its members within limits established from time to time by t he Administrative Council and after consultation with the Secretary-General. (2) Nothing in paragraph (1) shall preclude the parties from agr eeing in advance with the Commission or Tribunal concerned upon the fees and exp enses of its members. ARTICLE 61 (1) In the case of conciliation proceedings the fees and expense s of members of the Commission as well as the charges for the use of the facili ties of the Centre, shall be borne equally by the parties. Each party shall bear any othe r expenses it incurs in connection with the proceedings. (2) In the case of arbitration proceedings the Tribunal shall, e xcept as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, t he fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre shall be paid. Such decision shall form part of t he award. CHAPTER VII PLACE OF PROCEEDINGS ARTICLE 62 Conciliation and arbitration proceedings shall be held at the seat of the Centre except as hereinafter provided. ARTICLE 63 Conciliation and arbitration proceedings may be held, if the pa rties so agree, ARBITRATION [CAP. 387. 73 (a) at the seat of the Permanent Court of Arbitration or of any ot her appropriate institution, whether private or public, with which the Centre may make arrangements for that purpose; or (b) at any other place approved by the Commission or Tribunal afte r consultation with the Secretary-General. CHAPTER VIII DISPUTES BETWEEN CONTRACTING STATES ARTICLE 64 Any dispute arising between Contracting States concerning the interpretation or application of this Convention which is not settled by negotiat ion shall be referred to the International Court of Justice by the application of any pa rty to such dispute, unless the States concerned agree to another method of settleme nt. CHAPTER IX AMENDMENT ARTICLE 65 Any Contracting State may propose amendment of this Convention . The text of a proposed amendment shall be communicated to the Secretary-Gener al not less than 90 days prior to the meeting of the Administrative Council at w hich such amendment is to be considered and shall fo rthwith be transmitted by him t o all the members of the Administrative Council. ARTICLE 66 (1) If the Administrative Council shall so decide by a majority of two-thirds of its members, the proposed amendment shall be circulated to all Contracting States for ratification, acceptance or approval. Each amendment shall enter into force 30 days after dispatch by the depository of this Convention of a n otification to Contracting States that all Contracting States have ratified, a ccepted or approved the amendment. (2) No amendment shall affect the rights and obligations under t his Convention of any Contracting State or of a ny of its constituent subdivisi ons or agencies, or of any national of such State arising out of consent to the jurisd iction of the Centre given before the date of entry into force of the amendment. 74 CAP. 387.] ARBITRATION CHAPTER X FINAL PROVISIONS ARTICLE 67 This Convention shall be open for signature on behalf of State s members of the Bank. It shall also be open for signature on behalf of any othe r State which is a party to the Statute of the International Court of Justice and which the Administrative Council, by a vote of two-thirds of its members, shall have inv ited to sign the Convention. ARTICLE 68 (1) This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their respective consti tutional procedures. (2) This Convention shall enter into force 30 days after the dat e of deposit of the twentieth instrument of ratification, acceptance or approval. I t shall enter into force for each State which subsequently deposits its instrument of ra tification, acceptance or approval 30 days after the date of such deposit. ARTICLE 69 Each Contracting State shall take legislative or other measure s as may be necessary for making the provisions of this Convention effectiv e in its territories. ARTICLE 70 This Convention shall apply to all territories for whose inter national relations a Contracting State is responsible, except those which are exclud ed by such State by written notice to the depository of this Convention either at t he time of ratification, acceptance or approval or subsequently. ARTICLE 71 Any Contracting State may denounce this Convention by written notice to the depository of this Convention. The denunciation shall take effe ct six months after receipt of such notice. ARTICLE 72 Notice by a Contracting State pursuant to Article 70 or 71 sha ll not affect the rights or obligations under this Convention of that State or of any of its constituent subdivisions or agencies or of any national of that State arisi ng out of consent to the jurisdiction of the Centre given by one of them before such not ice was received by the depository. ARTICLE 73 Instruments of ratification, acceptance or approval of this Co nvention and of ARBITRATION [CAP. 387. 75 amendments thereto shall be deposited with the Bank which shall act as the depository of this Convention. The depository shall transmit ce rtified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention. ARTICLE 74 The depository shall register this Convention with the Secreta riat of the United Nations in accordance with Article 102 of the Charter of the Un ited Nations and the Regulations thereunder adopted by the General Assembly. ARTICLE 75 The depository shall notify all signatory States of the followi ng: (a) signatures in accordance with Article 67; (b) deposits of instruments of ratification, acceptance and approv al in accordance with Article 73; (c) the date on which this Convention enters into force in accorda nce with Article 68; (d) exclusions from territorial application pursuant to Article 70 ; (e) the date on which any amendment of this Convention enters into force in accordance with Article 66; and (f) denunciation in accordance with Article 71. DONE at Washington in the English, French and Spanish language s, all three texts being equally authentic, in a single copy which shall rem ain deposited in the archives of the International Ba nk for Reconstruction and Devel opment, which has indicated by its signature below its agreement to fulfil the fu nctions with which it is charged under this Convention. 76 CAP. 387.] ARBITRATION Mandatory Arbitration The disputes hereunder stated in Part A shall be settled by arb itration and shall be referred to arbitration under the rules stated in Part B in addition to such rules as may be issued by the Centre from time to time. Part A 1.1 Condominium Disputes. All disputes regarding a condominium which according to the Condominium Act (Cap. 398) are to be submitted to for arbitration. 1.2 Motor Traffic Disputes Any civil or commercial disputes, not being one in connection w ith a claim for damages for personal injuries, being a dispute arising from : (a) any collision between vehicles, or (b) any involuntary damage to property involving vehicles, or (c) any such claim against an authorized insurer, an assurance com pany, an underwriter approved by the Minister responsible for transport or other person who in accordance with the Motor Vehicles Insurance (Third- Party Risks) Ordinance (Cap. 104) or any policy of insurance may be liable therefor, and (d) the value whereof does not exceed eleven thousand and six hund red and forty-six euro and eighty-seven cents (11,646.87). 1.3 Disputes connected with electricity and water services All disputes arising from the supply of electricity, electrical meter rent or any other service provided by the distribution system operator, and any dispute related to water services, without prejudice, where applicable, to the provisions of article 466 of the Code of Organization and Civil Procedure, to the provisions of to the provisions of the Enemalta (Transfer of Assets, Rights, Liabilities and Ob ligations) Act and the Water Services Corporation Act, and to the provisions of the El ectricity Supply Regulations and the Water Supply Regulations: Provided that consumers will be entitled to file their claims a gainst the distribution system operator or the Water Services Corporation, as the case may be, in terms of the procedure established by this Act: Provided further that notwithstanding the provisions of any oth er law other than the Consumer Affairs Act or any regulations made thereunder in so far as such laws deal with the resolution, however so described, of any consumer disp utes, and without prejudice to pending cases, the Arbitration Tribunal shall have exclusive jurisdiction FOURTH SCHEDULE Added by: IX. 2004.26. Amended by: L.N. 420 of 2004; L.N. 7 of 2005; L.N. 279 of 2005; XXII. 2005.94; L.N. 165 of 2006; L.N. 166 of 2006; L.N. 425 of 2007; IX. 2010.15; L.N. 244 of 2012; L.N. 149 of 2015; XXX. 2015.7. (Article 15) ARBITRATION [CAP. 387. 77 over these cases. 1.4 Paying Agency Disputes All disputes arising from claims made to the Paying Agency whic h, according to regulation 13 of the Paying Agency Regulations , are to be submitted to arbitration. Part B 1. The arbitration, being domestic arbitration, shall be governe d by Part IV of the Act. 2. The arbitral tribunal shall be composed of one arbitrator unl ess the parties agree that it shall be composed of three arbitrators and notify the Centre within thirty days of the receipt by the respondent of the notice of arbitrat ion; 3. The sole arbitrator, or any of the members of the arbitral tr ibunal when it is composed of three arbitrators, shall be appointed by the Chairm an of the Centre in accordance with the provisions of the Act unless the Centre is notified of the appointment of an arbitral tribunal within thirty days of the r eceipt by the respondent of the notice of arbitration: Provided that the Chairman of the Centre shall not appoint as s ole arbitrator or as a member of the arbitral tribunal, when it is composed of th ree arbitrators, any person who is appointed as an arbitrator in ten or more pending arbitr ations. 4. Unless the parties expressly agree otherwise, there shall be a right of appeal from a final award as provided in article 15(11A); 5. The rules on confidentiality, including those stated in artic les 37 and 70 of the Act shall not apply to mandatory arbitrations unless the pa rties expressly agree to such rules and notify the arbitrator and the Centre accordingly ; 6. The award shall be deemed to have been received by the partie s on the date when it is delivered in open tribunal; 7. The provisions of Title IX of Book First and of Title XI of B ook Third of the Code of Organization and Civil Procedure and any other provision of that Code relating to curators, shall mutatis mutandis apply to the disputes referred to in this Schedule; 8. The provisions of Title XIV of Book Third of the Code of Organization and Civil Procedure and any other provision of that Code relating to the intervent ion and joinder of parties to a suit, shall apply mutatis mutandis to the disputes referred to in this Schedule. 9. The arbitral tribunal shall establish the days and times when sittings shall be held: Provided that the arbitral tribunal shall appoint the first sit ting for hearing within one month from receipt by the arbitral tribunal of the d ocumentation relating to the dispute. 10. (1) The arbitral tribunal shall deliver the award within two months from the date that proceedings are declared closed. (2) In the event that the arbitral tribunal fails to deliver its award as aforesaid, any party to the proceedings may request the Chairman of the Ce ntre to withdraw the appointment of the arbitral tribunal by means of an application in writing. (3) The decision on the withdrawal will be made by the Chairman of the Centre, 78 CAP. 387.] ARBITRATION and his decision shall be final and binding. (4) The decision of the Chairman to withdraw the appointment of the arbitral tribunal shall be served on the arbitral tribunal, on the parti es and on the Registrar. (5) Where the Chairman upholds a request for the withdrawal of t he appointment of the arbitral tribunal as aforesaid, the Chairman shall appoint another arbitral tribunal in its stead without delay. (6) Upon notification of such withdrawal, the arbitral tribunal shall immediately, and in any case not later than ten days from the d ate of notification, deliver to the Registrar all documentation and all evidence rel ative to the dispute, failing which disciplinary action shall be taken in accordance with rule 72(6) of the Arbitration Rules. 11. (1) Where either party informs the arbitral tribunal that an action in respect of the same subject-matter and between the same parties has bee n brought before the court, the arbitral tribunal shall suspend the arbitration proc eedings until such time as a judgment is given by the court in the said action. (2) The arbitral tribunal shall be bound by, and act according t o, the judgment delivered by the court on the same subject-matter and between t he same parties, that may be notified to it by either party. 12. If two or more disputes on the same subject-matter are refer red to arbitration, the Chairman may, upon the application of either p arty, order that the disputes are heard by the same arbitral tribunal. 13. The Arbitration Rules shall apply to disputes under this Sch edule except to the extent modified by the rules contained in this Part.